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Creating the Legal Duty of Confidentiali... > Creating the Legal Duty of Confident... - Pg. 137

A Primer on Intellectual Property 137 others physically examine anything the employee is taking out of the building, others rely on the employee's honor. Given the size and collegial nature of most development houses, it may not be a great idea to get invasive with your departing employees, since it could have the effect of alienating remaining employees, angering the departing one, and ensuring that in the future, everyone grabs what they want before informing the company of their departure. Note NOTE All of this should be tempered bythe reality that execution is farmore important than in- formation, and that fluidity of information is the rule rather than theexception. In other words, evaluate the true potential damage ofa situation before going ballistic. The exit agreement provides a better alternative (see sample exit agreement at the end of this chapter). With an exit agreement, the departing employee promises that he is not taking any ma- terials containing trade secrets. If the employee refuses (which would be hard to do without looking shady), then the employer is justified in taking more extreme measures.